Terms & Conditions.
Last Updated February 8, 2024
This Terms of Use Agreement (the “Agreement”) is a legally binding contract between Wealth Agency LLC, a limited liability company organized under the laws of the state of Nevada (“Wealth Agency”), and the client, whether personally or on behalf of an entity (“Client”), concerning access and use of Wealth Agency’s website: https://www.wealthagency.co/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions, and obligations contained herein will result in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between the Client and Wealth Agency shall cease, except that any obligation of the Client to pay Wealth Agency for services rendered shall remain an ongoing obligation owed by the Client to Wealth Agency.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Wealth Agency, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature (collectively referred to as the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Wealth Agency. They are protected by copyright, trademark laws, and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Wealth Agency’s express prior written permission. Wealth Agency reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Wealth Agency’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design, copywriting, and original source files created on Client’s behalf (“Projects”) belong to Wealth Agency. However, the final product resulting from these source files, which is delivered to the Client, shall be owned by the Client, and the Client shall be the sole owner of the copyright for the final product. If any operation of law would cause Wealth Agency to become the owner of a Project, in whole or in part, rather than the Client, Wealth Agency irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any materials provided to Wealth Agency during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights.
Wealth Agency retains the right to market and promote the Client's design, copywriting, social media and any other work rendered by Wealth Agency publicly, showcasing it as part of its portfolio unless otherwise agreed upon as stated in section 20 of this document. However, Wealth Agency does not assume legal liability for the client's use of the work and any consequences arising from it.
3. Third-Party Fonts
In the event that any Project incorporates fonts not owned by Wealth Agency and requires a commercial license for legal reproduction, distribution, or public display of the Project (“Third-Party Font(s)”), it is the sole responsibility of the Client to identify and acquire the necessary licenses. Wealth Agency does not accept liability for Third-Party Fonts and will not proactively inform the Client about licensing requirements. If the Client chooses to incorporate Third-Party Fonts into a Project, they assume full responsibility for any consequences resulting from a failure to obtain the required licenses.
4. User Representations
By using the Website, the Client represents and warrants that:
The Client has the legal capacity and agrees to comply with these Terms of Use.
The Client is not a minor in the jurisdiction of their domicile.
The Client will not access the Website through automated or non-human means.
The Client will not use the Website for any illegal or unauthorized purpose.
The Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Wealth Agency on behalf of the Client. Further, the Client agrees to refrain from unauthorized use of the Website, data retrieval for creating databases, disabling security features, engaging in unauthorized framing or linking, deceiving or misleading Wealth Agency or other users, interfering with the Website’s operations, using the Website to compete with Wealth Agency, reverse engineering the Website’s software, and other prohibited activities listed in this section.
6. Client Feedback
Client acknowledges that any submissions, questions, comments, suggestions, or other feedback (“Submission”) shall be the sole property of Wealth Agency. Wealth Agency is under no obligation to keep a Submission confidential. Wealth Agency shall be the sole owner of all rights related to the Submission except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”). Wealth Agency has the right to use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client.
7. Management and Oversight
Wealth Agency reserves the right to monitor the Website for violations of these Terms of Use and take appropriate legal action in response to violations or any applicable law, statute, or regulation. Wealth Agency further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website at its sole discretion, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Wealth Agency, designed to protect its rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound by the Privacy Policy and the terms more particularly set forth therein. The Website is hosted in the United States, and Client’s continued use of the Website constitutes express consent to the transfer and processing of data in the United States. Wealth Agency does not knowingly accept or solicit information from individuals under the age of 18.
9. Returns and Refunds
Wealth Agency reserves the right to deny refunds based on its discretion without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. For digital products and purchases, no refunds will be issued. For physical purchases, such as merchandise, refunds may be processed, but the Client is responsible for any associated shipping fees. In the event that a refund is approved for subscription services, a 25% fee will be assigned to the remaining billable period. Wealth Agency reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
10. Modification
Wealth Agency reserves the right to change, alter, modify, amend, or remove anything on the Website at its sole discretion. Wealth Agency reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Wealth Agency does not guarantee the Website’s availability and accessibility at all times. Interruptions may occur due to factors beyond Wealth Agency’s control. Clients agree that Wealth Agency shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption.
12. Right to Refuse Work
Wealth Agency reserves the right to make decisions regarding client engagements at its sole discretion. Wealth Agency may choose not to work with certain clients or on specific projects and retains the right to cancel ongoing services or void an order before commencement of work. This decision may be based on various factors, including but not limited to, the nature of the project, the client's request to promote material that is deemed harmful, excessively vulgar, or that poses a risk to communities. Wealth Agency prioritizes ethical considerations and community well-being in making such determinations. Clients agree to respect and abide by these decisions, and acknowledge that Wealth Agency's judgment in such matters is final and not subject to dispute.
13. Client Fraud and/or Misrepresentation
Wealth Agency reserves the right to terminate any engagement or cancel services if the Client engages in fraudulent activities or misrepresents information related to their project, payments, or any other aspect of the working relationship. Wealth Agency will not tolerate deceptive practices, and any discovered instances of client fraud or misrepresentation may result in immediate termination of services without notice.
14. Unprofessional Behavior and Irreconcilable Conflict
Wealth Agency values a professional and respectful working environment. In the event that a Client engages in unprofessional behavior, creates a hostile environment, or is unresponsive/unreachable, Wealth Agency reserves the right to terminate the engagement. This includes but is not limited to verbal abuse, threats, or any form of harassment, including sexual harassment. In such cases, Wealth Agency will prioritize the well-being and safety of its team members. Wealth Agency may take appropriate legal actions if unprofessional behavior or irreconcilable conflict occurs, and the Client acknowledges and agrees to this provision.
15. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Nevada, without reference to its conflicts of law provisions. Any dispute regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts situated in the Clark County, and State of Nevada, and the parties hereby irrevocably submit to the personal and exclusive jurisdiction and venue of such courts.
16. Disclaimer
The Website is provided on an as-is, as-available basis. Client’s use of the Website and Services is at Client’s sole risk. Wealth Agency disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Wealth Agency makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. Wealth Agency assumes no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access to or use of secure servers, interruption or cessation of transmission, bugs, viruses, or the like transmitted by any third party, or any loss or damage incurred as a result of the use of any content posted through the Website. Wealth Agency does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website.
17. Limitations of Liability and Indemnification
Wealth Agency and its directors, employees, members, independent contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages resulting from the Client’s use of the Website. Clients agree to defend, indemnify, and hold harmless Wealth Agency and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from the Client’s use of the Website.
18. User Data
Clients are solely responsible for all data transmitted to or relating to any activity using the Website. Wealth Agency shall have no liability for any loss or corruption of such data, and Clients hereby waive any right of action against Wealth Agency for any such loss or corruption.
19. Electronic Communications, Transactions, and Signatures
Clients consent to receive electronic communications from Wealth Agency, agreeing that electronic communications satisfy any legal requirement for written communication. Clients agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Wealth Agency. Clients waive any rights or requirements under any laws that require an original signature or non-electronic records.
20. Showcasing Work
Wealth Agency reserves the right to share its design, copywriting, social media work, or any other work rendered on digital channels or otherwise, as well as any reviews, testimonials, or feedback received via email, for marketing purposes unless otherwise agreed upon in an NDA between the Client and Wealth Agency, voiding Wealth Agency's right to share or discuss Client's work publicly.
21. Miscellaneous
These Terms of Use and any policies posted on the Website constitute the entire agreement and understanding between the Client and Wealth Agency. Failure to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Wealth Agency.
22. Contact Information
For any questions about these terms, please contact Wealth Agency at: info@wealthagency.co.